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(영문) 의정부지방법원 2018.08.23 2018고정68
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A and Defendant B shall be punished by a fine of 10,00,000 won, and Defendant C shall be punished by a fine of 1,00,000 won.

Reasons

Punishment of the crime

Defendant

A and Defendant B, as an employee of the F Co., Ltd., are the lessor with the size of 3040 square meters of land category D and that of 91.4 square meters of the general steel-frame structure No. 1 of the general steel-frame structure (stores) and the size of 194.8 square meters of residential facilities (office 2) of the general steel-frame structure and the size of 1,263 square meters of forest land E-land category E, which is the development restriction zone, and the lessor is the lessor. The Defendant C is the employee of the F Co., Ltd., who is in charge of the business of leasing land and buildings on two occasions.

No one shall construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction.

Provided, That in certain cases, construction, etc. of buildings may be performed with permission from the competent authorities.

1. Joint crimes committed by the Defendants

A. On August 2016, Defendant A and Defendant B permitted Defendant C to newly build a door-to-door shop on the said D’s ground. Accordingly, Defendant C newly built a door-to-door shop with a size of 72 square meters in a size of 72 square meters, one Dong with a size of 28 square meters and one Dong with a size of 77 square meters in a size of 177 square meters in a size of 177 square meters in a place of work by creating a pole on the said D’s base.

Accordingly, the Defendants conspired to build a structure in a development restriction zone without obtaining permission from the competent administrative agency, and installed a structure in the development restriction zone, and as seen below, do not impair the identity of the facts charged and do not materially disadvantage the Defendants’ exercise of their defense rights. As such, the Defendants

B. From August 1, 2016 to May 1, 2016, Defendant A and Defendant B permitted F Co., Ltd to lease the 991 square meters of the living facilities of Class 1 neighborhood living facilities of the above D general steel structure (stores) to F Co., Ltd. for use as a warehouse. Accordingly, Defendant C used the above retail store from around the above day to May 2017 as a warehouse.

As a result, the Defendants conspired to do so without obtaining permission from the competent authorities.

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